To be bold, if I may: the United States’ predilection for standing strongly opposed to major international accords is arrogant, greatly harmful to the world at large, and a damned nuisance.
Let me explain.
On February 11th, 2009, the International Criminal Court (ICC) issued an arrest warrant for President Omar Hassan al-Bashir of Sudan. It was a bold move in the increasingly desperate quest for an end to the tragic events taking place in Darfur, and further proof that the young ICC is fully prepared to kick ass and take names.
In only seven years of existence, the ICC has become a dominant force in the pursuit of peace and justice worldwide. Prosecuting crimes against humanity, war crimes, and genocide when a nation is unwilling or unable to do so itself, the ICC’s sole aim is to ensure no one—regardless of military or government rank—is exempt from accountability. One wonders who could be against such an endeavor, but surprise surprise, the United States was one of only seven countries to vote against the Rome Statute, which created the ICC.
The Bush Administration further distanced the US from the ICC in 2002 with the American Servicemembers’ Protection Act (ASPA). The law prohibits the US from cooperating with the ICC, authorizes the use of “all means necessary” to free US nationals from ICC custody, and prohibits US participation in international peacekeeping activities unless immunity from the ICC is guaranteed. Furthermore, the Bush Administration requested countries around the world to agree to “Article 98 Agreements” which prohibit the surrender of US nationals to the ICC. Given the overwhelming support of the ICC by the majority of the world’s nations, it looks like the United States would like two sets of rules: one for us, and one for everyone else.
This isn’t the first time the US has remained conspicuously absent from participation in major international legislation. We may have signed the Kyoto Protocol, but we have yet to ratify it, which renders the signature meaningless. World leader we may be, but if an international resolution means progress around the globe at the price of a possible hit to Wall Street, our decision is made swiftly and always in favor of the mighty dollar.
But the ICC issue isn’t so much about money as it is about power, in however much you can distinguish those two things. The ASPA does little to hide the government’s fear that the ICC will prosecute members of our military. Well yes, the ICC can and will investigate people regardless of military status, but only if their own government won’t, and only if they are accused of truly horrific crimes. So it seems that a government desperately trying to avoid this is a government with something to hide.
The ICC does not interfere with legal proceedings of nations, provided they are carried out in a fair manner. They don’t remove heads of state, invade countries to “set things right”, or unnecessarily step on the toes of functioning legal systems. If they did, then the disapproval of the United States would be understandable, if scathingly ironic. But the ICC does none of those things. The ICC steps in only when all else fails, and when no one else will.
In addition to President Bashir’s warrant, the ICC is dealing with issues in the Central African Republic, the Democratic Republic of the Congo, and Uganda. Currently on trial are war lords charged with enlistment of child soldiers, directing attacks on civilian populations, and knowingly permitting sexual slavery, among other atrocities. The scope of the crimes is truly incomprehensible, but the process is absolutely as fair as any country with the Bill of Rights should expect. The defendants are presumed innocent, granted legal counsel, and have the right to present evidence in their defense in court and to remain silent. All charges must be proved beyond a reasonable doubt.
It is both baffling and infuriating that the most powerful nation in the world is opposed to proceedings such as these. Fair due process of the law addressing the most heinous crimes in recent memory would seem to be something everyone can get behind. While the circumstances from which these wrongs come are immeasurably complex and not solvable by justice alone, letting them go unpunished is unthinkable.
Given the gravity of the offenses currently on trial, my hope is that the United States military doesn’t have anything on the same level it’s trying to hide. But I have to say; perhaps our objection to the ICC will become prudent when they discuss adding the crime of aggression to the statute later this year. Without so much as a definition, it’s hard to say whether the US is guilty of this, but I’d be surprised if we weren’t close. But that’s all speculative. As far as I know we have not committed crimes against humanity, war crimes, or genocide since 2002 which we are not already investigating ourselves.
President Obama has said multiple times he plans on repairing America’s relations with the world. I can think of no better step in the right direction than supporting the ICC, especially in light of President Bashir’s arrest warrant. After all, it’s up to himself or his government to produce him at court in The Hague. Without substantial international pressure it’s likely he’ll opt to skip town instead (or worse, escalate violence in hopes of garnering a desperate plea for peace in the form a deferral from the UN).
It may seem hypocritical for us to throw our weight behind one of the most important human rights organizations in the world when we are certainly guilty of some questionable human rights practices of our own. But it’s time for the US to earn the respect of the world again, and being nonchalant about whether war criminals get away with their crimes or not isn’t exactly the way to do it. We can hardly be beacons for peace and justice in the world if we don’t support their greatest defender.